Lat In the civil and canon law. The defendant In an action or suit. A person judicially accused of a crime; a person criminally proceeded against. Ilalli- fax, Civil Law, b. 3, c. 13, no. 7. A party to a suit, whether plaintiff or defendant; a litigant. This was the ancient sense of the word. Calvin. A party to a contract. Reus stipulandi, a party stipulating; tbe party who asked the question in the form prescribed for stipulations. Reus pramittendi, a party promising: tbe party who answered the question. Reus excipiendo fit actor. The defendant, by excepting or pleading, becomes a plaintiff; that is, where, instead of simply denying the plaintiff’s action, he sets up some new matter in defense, he is bound to establish it by proof, just as a plaintiff is bound to prove his cause of action . Bounier. Tr. des Preuves,
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